• Posted October 29, 2025

25 States Sue USDA to Keep Food Stamp Benefits From Stopping

As the federal government shutdown threatens to stop funding for food aid programs, Democratic leaders from 25 states have filed a lawsuit seeking to continue Supplemental Nutrition Assistance Program (SNAP) benefits.

The lawsuit, filed Tuesday in Massachusetts federal court, argues that the U.S. Department of Agriculture (USDA) has both the funding and the legal obligation to keep food aid flowing, even during a shutdown. 

Without any action, up to 42 million Americans could lose access to food benefits starting Saturday, the first time in the program’s 60-year history that payments would stop.

“Millions of Americans are about to go hungry because the federal government has chosen to withhold food assistance it is legally obligated to provide,” New York Attorney General Letitia James said in a statement. “SNAP is one of our nation’s most effective tools to fight hunger, and the USDA has the money to keep it running.”

The suit, backed by the attorneys general of 22 states and the governors of Kansas, Kentucky and Pennsylvania, asks the court to issue a temporary restraining order requiring the USDA to use existing contingency funds to continue payments through November, NBC News reported.

California Attorney General Rob Bonta said he believes the USDA has roughly $6 billion in reserve, enough to keep benefits going for another month.

“They are doing this on purpose. It is deliberate. It is intentional. They have the funds. They’re just not using them,” he said.

The plaintiffs claim the USDA is violating the Food and Nutrition Act, which governs continuation of benefits when funding is available, as well as the Administrative Procedure Act, which prohibits arbitrary decisions by federal agencies.

In response, a USDA spokesperson said the department’s hands are tied.

“We are approaching an inflection point for Senate Democrats," the spokesperson said. "Continue to hold out for the Far-Left wing of the party or reopen the government so mothers, babies and the most vulnerable among us can receive timely WIC and SNAP allotments.” (WIC provides food aid to women, infants and children.)

The USDA also noted that contingency funds are typically reserved for natural disasters, not to cover routine benefits. The department said redirecting the funds could cut into school meal and infant formula programs.

But Bonta pointed to the USDA’s 2019 shutdown plan, which acknowledged that the department could use multiyear contingency funds to maintain benefits temporarily.

That language that has since disappeared from the USDA website.

SNAP funding for October had already been approved before the shutdown began, allowing payments to continue this month. But without any action from the federal government, the USDA says no additional funds will be issued in November.

Some states have already begun alerting folks to prepare for funding to end by stocking up on shelf-stable foods or seeking help from local food banks.

At Tuesday’s news conference, California Gov. Gavin Newsom criticized Republican governors for not joining the lawsuit. 

“The impacts in their states, ironically, are disproportionate,” he said.

More information

Texas Health and Human Services has more on SNAP.

SOURCE: NBC News, Oct. 28, 2025